Informal interpretations provide guidance from previous staff interpretations on the applicability of the HSR rules to specific fact situations. You should not rely on them as a substitute for reading the Act and the Rules themselves. These materials do not, and are not intended to, constitute legal advice.
Displaying 781 - 800 of 4604
Date
Rule
802.30
Yes – 802.30 covers both of these.
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(166.09 KB)
Date
Rule
801.10
Agree, KW concurs.
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Original Image File
(170.88 KB)
Date
Rule
801.10
This is all OK. KW concurs.
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(164.33 KB)
Date
Rule
15 USC 18a(c)(2) – 7A(c)(2)
Exempt.
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Original Image File
(130.69 KB)
Date
Rule
802.9
If the investment is 10% or less and completely passive, the exemption is available. If more than 10% but less than 50%, it would need more analysis, but the presumption that this investment defeats...
File
Original Image File
(209.16 KB)
Date
Rule
801.2(f)(3)
04/10/2013 Agree, KW concurs.
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Original Image File
(260.96 KB)
Date
Rule
802.2(g)
The undeveloped land can be exempted as unproductive real property as long as it is not adjacent to non-exempt productive real property (i.e., the land that the winery resides on). The agricultural...
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Original Image File
(184.56 KB)
Date
Rule
802.5
There is a two-pronged test for the 802.5 exemption: 1. The property must be currently rented or currently held for rent but not rented; and 2. The acquiring person must intend to rent the property to...
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Original Image File
(218.53 KB)
Date
Rule
801.11(e)
04/02/2013 See lnterp #116 in the PNPM, p.151 - paragraph beginning with "Moreover, the PNO..." This was specifically talking about cash to ·pay liabilities in a voting stock deal also being excluded...
File
1304003.pdf
(114.9 KB)
Date
Rule
802.51
but only to the extent they are non-duplicative. E.g., if a sale is made from a foreign sub to a US sub and then sold on by the US sub, you would count the following: - Sales by the US sub to US...
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Original Image File
(32.48 KB)
Date
Rule
801.2
We take the position that in a single agreement with multiple closings you must file up front for the entire acquisition even if some of the steps are outside of the one year period. See the...
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Original Image File
(178.09 KB)
Date
Rule
801.1(f)
This is still our position.
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(86.55 KB)
Date
Rule
801.10
Agree. K Walsh concurs. UPDATE: July 9, 2019: This no longer represents the position of the PNO.
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Original Image File
(95.05 KB)
Date
Rule
801.1
Agree. K Walsh and S Pope Concur.
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Original Image File
(236.26 KB)
Date
Rule
801.10
Bearing in mind that a capital lease is akin to an installment purchase agreement, the lessee receives the asset to use at the time of entering into the agreement and takes title to it at the end of...
File
Original Image File
(89.8 KB)
Date
Rule
802.2, 802.3
1. Only use the revenues attributable to the 50% interest being acquired, not the revenues attributable to the entire reserve. Likewise, for purposes of 802.3, value only the 50% interest. 2. I think...
File
Original Image File
(109.26 KB)
Date
Rule
801.10(c)(1)
Acquisitions made after the one year period that was filed for should be calculated using the 45 days prior to the acquisition(s) during the five year period. The locked in market price is only for...
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Original Image File
(997.32 KB)
Date
Rule
801.10(c)(1)
You use the 45 days prior to the 803.5(a) notice for the stock acquired during the year following notification as well as the stock already held. The whole point of calculating it prior to filing is...
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Original Image File
(179.3 KB)
Date
Rule
801.10(c)(1)
In a transaction where you filed using the market price determined by the 45 days prior to the notice, the market price at any point beyond the end of the waiting period is irrelevant. You have...
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Original Image File
(290.63 KB)
Date
Rule
802.3
The relevant number is $200 million, so it is exempt under 802.3
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Original Image File
(99.13 KB)
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